Cases involving Mount Airy's 'Otis' dismissed

Court cases have been dismissed involving a Mount Airy man known for impersonating Otis the town drunk from “The Andy Griffith Show.”

This includes both a criminal offense issued against James Eugene Slate, 65, for blocking a sidewalk, as well as a civil case in which Slate sued over his arrest, according to court documents.

Slate had been taken into custody on April 21, 2011, for what city police have said were repeat violations of a nearly 50-year-old municipal ordinance that prohibits placing items on walkways in front of downtown stores.

He was found guilty of the obstruction offense in Surry District Court in February 2012 and fined $50, but appealed the case to Superior Court where it could be tried before a jury.

Then, in July of last year, Slate filed a lawsuit against the city government, Police Chief Dale Watson and Capt. Richard Lowe, who made the arrest. The suit charged that it violated Slate’s rights and that he had suffered financial harm as a result of the arrest. It alleged false arrest by Mount Airy police for what the plaintiff claimed was an unconstitutional city ordinance violation.

Slate often has appeared as the Otis character to greet tourists and play checkers with them at a small table outside a downtown store operated by his son. Police have said Slate wasn’t playing checkers or dressed as Otis at the time of his arrest, and ignored multiple warnings to remove offending items in keeping with the ordinance barring them from sticking out too far and blocking the sidewalk.

On the day of the arrest, the table containing the checkerboard was against the store building and stuck out less than a foot, based on earlier reports.

Slate, a former city policeman as well as a disabled veteran, was handcuffed and taken to the county jail in Dobson for what he says was a minor offense. His lawsuit claimed that the municipal ordinance was overly broad and outdated by “today’s standards,” in not allowing items a disabled person might require such as a chair.

But the dockets have now been cleared against all parties involved, based on developments last week.

They included the dismissal of the obstruction violation against Slate by Surry County District Attorney Ricky Bowman. A day later last week, a notice of voluntary dismissal was filed showing that Slate was dropping the lawsuit against all defendants named.

The criminal case was dismissed by the district attorney under the condition that Slate not violate any laws or ordinances of the state of North Carolina. It was dismissed “with leave,” meaning the matter could be filed again at a later date.

Meanwhile, the civil complaint brought by Slate was voluntarily dismissed “without prejudice,” indicating the suit could be refiled as well.

Slate has appeared for years as Otis — including wearing a hat and seersucker suit similar to that of the TV character and carrying props such as a moonshine jug and set of jail keys.

However, he has been sidelined recently by health issues.

Copyright 2013 byWXII12.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed.